tenant has given me two weeks notice

dogbert27

lifeandtimes wrote: »

I found their tone to be pretty fair and straight forward (albeit incorrect about the notice period)

As a landlord you need to have the deposit set aside to return to the tennents at the end of their residency so realistically you should be preparing for this from day one.

Yes they are giving you less notice but as you know the market is tough and they clearly need to be out of lose their new place and as you raised the price they can't afford it anymore and need to leave. No normal person will sit out a notice period at a higher rate that they cant afford and you can have someone in there within 2 weeks time no problem so you won't be down money

The deposit has been set aside from day 1 in a bank account always ready for return.

I gave them the 90 day notice period of the rent increase on October 01st. They could have given their 56 day notice within this timeline. They paid the increased rent on January 01st and now have given me 2 weeks notice because they can't afford the rent.

I have lived up to my side of the contract and the rtb rules.

April 73

dogbert27 wrote: »

The deposit has been set aside from day 1 in a bank account always ready for return.

I gave them the 90 day notice period of the rent increase on October 01st. They could have given their 56 day notice within this timeline. They paid the increased rent on January 01st and now have given me 2 weeks notice because they can't afford the rent.

I have lived up to my side of the contract and the rtb rules.

If this case were the other way around & a LL gave two weeks notice to a tenant to vacate after two and a half years, the first reaction of a lot of people here would be “go to threshold, raise a case with the RTB, don’t move etc etc”

This LL has raised rent as he is entitled to do, with the correct notice period. He’s provided equipment needed to maintain the gardens & held the deposit securely for the tenant. In short he has followed the rules & is a decent LL in so far as we know. In fact he only wants the tenant to give one month’s notice & not even the 56 he is entitled to.

The tenant is in the wrong here & had ample time to give notice within the 90 days notice of the rent increase.

Why should LLs be held to a standard if tenants are not?

lifeandtimes

April 73 wrote: »

The tenant is in the wrong here & had ample time to give notice within the 90 days notice of the rent increase.

Why should LLs be held to a standard if tenants are not?

Plenty of reasons

This was their home, up heaving everything and moving is hard especially trying to find somewhere to live again in this climate, they possibly tried to pay as they wanted to stay but I'm the meantime were looking for somewhere to live. They possibly couldn't tell a new landlord who accepted them "we want the place but we have to wait 56 days to tell our old landlord"
They'll be told to jog on and if they had of given the correct notice they may not have found anywhere and would be out on their arse.

I'm not saying what they did was right but the landlord won't be out of pocket especially if he put the house up and has someone move in within 2 weeks. The tenants wouldn't have that luxury of finding a new place so easy

the_syco

https://www.rtb.ie/dispute-resolution/dispute-resolution/the-three-stages-of-a-tenancy/deposit-retention

Landlords are required to refund the deposit promptly less any deductions in respect of outstanding rent or other charges or taxes and damage in excess of normal wear and tear.

https://www.rtb.ie/docs/default-source/landlord-guides/being-a-good-landlord.pdf

You can deduct any rent arrears

If a tenant terminates a tenancy early, you can deduct your costs for the losses incurred.

I'm reading this as; if Part IV, the OP can keep whatever he loses in terms of rent, but if the tenants are on a fixed term lease, the OP can charge lost rent, and also any fees associated, for example the Daft ad.

If a tenant is in a fixed term tenancy and they leave before the end of the fixed term, they may not get their full deposit back as the landlord is entitled to deduct the cost of reletting the property and any lost rent from the deposit.

dogbert27

lifeandtimes wrote: »

Plenty of reasons

This was their home, up heaving everything and moving is hard especially trying to find somewhere to live again in this climate, they possibly tried to pay as they wanted to stay but I'm the meantime were looking for somewhere to live. They possibly couldn't tell a new landlord who accepted them "we want the place but we have to wait 56 days to tell our old landlord"
They'll be told to jog on and if they had of given the correct notice they may not have found anywhere and would be out on their arse.

I'm not saying what they did was right but the landlord won't be out of pocket especially if he put the house up and has someone move in within 2 weeks. The tenants wouldn't have that luxury of finding a new place so easy

Everything you have said is a hypothetical situation.

How do you know I won't get a new tenant within the two weeks notice period I have been given.

I'm waiting to see if he pays the full rent for February. If he doesn't pay the full rent I have to cover the full cost of the mortgage payment which I had not budgeted on the 31st January 2018

Browney7

lifeandtimes wrote: »

Plenty of reasons

This was their home, up heaving everything and moving is hard especially trying to find somewhere to live again in this climate, they possibly tried to pay as they wanted to stay but I'm the meantime were looking for somewhere to live. They possibly couldn't tell a new landlord who accepted them "we want the place but we have to wait 56 days to tell our old landlord"
They'll be told to jog on and if they had of given the correct notice they may not have found anywhere and would be out on their arse.

I'm not saying what they did was right but the landlord won't be out of pocket especially if he put the house up and has someone move in within 2 weeks. The tenants wouldn't have that luxury of finding a new place so easy

Plus, once they got the review they had it in their heads they'd have another three months of "cheap" rent. I assume they took the property two years ago at top market rents for the time and were probably touch and go to make those payments. I'm guessing the rent increase was of the order of 15 to 20% so it's highly unlikely their income has increased by this much. Once December comes, it's a crap time of year to be trying to move house aswell.

Look it OP, this situation could easily go downhill pretty quick for you and youre left with hassle. Not saying it's right but it's the way it is. Help them move on, you have the deposit, try and replace the tenant as quickly as possible.

You might get some karma for not being that landlord everyone loves to hate and returning as much of the deposit as you can to people who may not have much money in the first place (they aren't moving for sh1ts and giggles)

ted1

Seriously raise a case with the prtb